Acceptance of Terms

Immigration Direct ("Company," "we" or "our"), through our website www.immigrationdirect.com (the "Website"), provides: (i) assistance with filling out certain immigration forms, which we then fill out based on the information you provide, and deliver to you along with the original Government instructions; and (ii) general immigration related information and products (referred to hereafter as the "Service"), subject to the following Terms of Use (the "Terms"), which may be updated by Company from time to time. Company will provide notice of materially significant changes to the Terms by posting notice on the Website. Notwithstanding the forgoing, discretion regarding the contents of any particular field, as well as the form itself, relies solely and exclusively with you.

Moreover, the completed forms are merely a part of the Website. One of the primary advantages of the Website is educating you about the process and requirements of the U.S. Citizenship and Immigration Service and U.S. Department of State applications. The Website provides a highly user friendly and interactive "do-it yourself" service that guides you through the application preparation process. The payment is received in exchange for the use of this service.

Immigration Direct is not a Government Agency. Further, the Company is not a law firm and neither Company nor any of its employees provide legal services or legal advice. Further, no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our services or forms. As such, this Website is not intended to create any attorney-client relationship, and by using this Website no attorney-client relationship will be created with Company. Instead, you are representing yourself in any legal matter you undertake through the Website's Services.

By using the Service in any way, you are agreeing to comply with these Terms. In addition, when using the Website and the Service, you agree to abide by any applicable posted guidelines for all of Company's services, which may change from time to time. Should you object to any term or condition of these Terms, any guidelines, or any subsequent modifications thereto or become dissatisfied with Company or the Website in any way, your only recourse is to immediately discontinue use of the Website.

YOU AGREE THAT BY USING THIS SERVICE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO THIS AGREEMENT.

As stated above, Company reserves the right, at any time, to change the Terms by publishing notice of such changes on the Website. Any use of the Services by you after Company's publication of any such changes shall constitute your acceptance of this Agreement as modified. You agree that Company is permitted to access and use any other information provided by you to perform the Service and, if necessary, to access such information to obtain contact information in order to provide notifications relating to the Service provided to you.

Content

This Website is owned and operated by Company. All right, title and interest in and to the materials provided on this Website (excluding any Government forms and documents), including but not limited to information, documents, logos, graphics, sounds, and images (the "Materials") are owned either by Company or by its respective third party authors, developers, or vendors ("Third Party Providers"). Except as otherwise expressly provided by Company, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted, or distributed in any way and nothing on this Website shall be construed to confer any license under any of Company's intellectual property rights, whether by estoppel, implication, or otherwise. Company deems the fair market value of the Website's pages that contain the Materials to be no less than Six Thousand Dollars ($6,000) per page. As such, if you are interested in purchasing any of the Website's pages that contain the Materials, and are willing to pay the Company Six Thousand Dollars ($6,000) per page, please contact Company. However, the decision to sell any of the Website's web pages shall be exercised in Company's sole and absolute discretion. Any rights not expressly granted herein are reserved by Company.

The Website may contain links to other websites, which are completely independent of this Website. Company makes no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such site. Your linking to any other websites is at your own risk.

Pricing and Fees

Prices represent application preparation fees payable to Company. Any Additional processing and filing fees (if any) are payable to either the U.S. Citizenship or Immigration Services (formerly known as the INS) or the U.S. Department of State, as determined by the circumstances. These additional fees are not included in the Website's price, and must be paid separately at the time of application submission.

Refund Policy

Online Application Service ("Online Application Service")

If an order is cancelled after payment has been taken by Company but before you click the "Print" button, Company will refund the total amount paid ("Purchase Price") of the Online Application Service less a $29.00 processing fee, except for the K-1 Fiancé(e) Visa Online Application Service and I-130 Petition for Alien Relative Online Application Service, for which no refund will be issued. If the order is cancelled after you click the "Print" button, Company will not issue a refund since your customized form has been successfully created and delivered to you. In addition, no refund of any kind will be made after 30 days from the original payment date. Company will not be liable for any refund amount due to technical problems on your computer, including but not limited to: printer malfunction, inability to install Adobe Acrobat Reader, and problems due to Internet connectivity.

DVDs, CDs, Books/Kits, Audiotapes, Videotapes or Other Physical Product ("Physical Product")

If a Physical Product order is cancelled before the Physical Product ships out to you, Company will refund the Purchase Price of the Physical Product. If a Physical Product order is cancelled after the Physical Product ships out to you, Company will refund the Purchase Price of the Physical Product less the cost of shipping and a $5.00 re-stocking fee, subject to the following additional guidelines that must all be met: 1) the Physical Product must be returned unopened, unmarked and unused; 2) the Physical Product must be returned by mail to: IMMIGRATION DIRECT, 268 BUSH STREET, SUITE 7500, SAN FRANCISCO, CA 94104, UNITED STATES; and 3) refunds will only be given once the Physical Product is received by us. We recommend you add tracking to the return package to ensure delivery. In addition, no refund of any kind will be made after 30 days from the original payment date.

Downloadable Kits or Products Excluding Online Application Service ("Downloadable Product")

Company will refund the Purchase Price of the Downloadable Product (also referred to as "EKits") minus a $19.95 processing fee if the request for a refund is within seven (7) days from the date the order was submitted. Company reserves the right to refuse any refund request of a Downloadable Product received after seven (7) days from the date the order was submitted.

Multiple Products Bundled Together in One Order ("Bundle")

For each item purchased within a Bundle, its respective refund policy applies as outlined above. In addition, if all items are not returned from a Bundle or if all items from a Bundle are not eligible for a refund pursuant to the refund policies as outlined above, then the item(s) that is/are eligible for a refund will have its/their refund amount adjusted as follows: the refund amount due for the item(s) returned, as determined by applying its respective refund policy(s) as outlined above, will be reduced by the "Bundle Discount," which is defined as the aggregated, non-discounted Purchase Price of each individual item within the Bundle minus the Purchase Price actually paid for the Bundle.

Special Offers ("Special Offer")

From time to time, Company may promote a Special Offer on its website or via email or any other place of its choice. If there is a conflict between these Terms and any terms and conditions or refund policies that are exclusively written for and included with that Special Offer, the latter shall be controlling.

Unless specifically stated to the contrary herein, all refunds will be calculated based on the Purchase Price paid at the time of purchase. Refunds for credit and debit card transactions are issued within two (2) business days, however please be aware that it can take up to five (5) business days for the credit transaction to post to your credit card or bank account.

Notwithstanding anything to the contrary herein, with respect to the Online Application Service only, if you are a resident of the state of California, Illinois, Maryland, Michigan, Minnesota, New York or Washington you shall have the right to rescind the transaction for any reason, and receive a full refund, within either seventy two (72) hours or three (3) business days of entering into the contract for such services.

Privacy and Information Disclosure

You acknowledge and agree that Company's Privacy Policy, as contained on this Website, is incorporated herein by this reference and is thereby a part of the Terms.

Limitations on Service

You acknowledge that Company may establish limits concerning use of the Service and reserves the right at any time to modify or discontinue the Service (or any part thereof) with or without notice, including but not limited to the Website's content, functionality or hours of availability, the equipment needed for its access or use, or its pricing. Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

You acknowledge that Company is not responsible for rejection of your immigration application due to your failure to timely or properly file your application with USCIS. USCIS reserves the right to publish updated forms or change filing fees at any time. The filing fees stated and the forms printed from your use of the Services on the Website are current as-of the date that the forms are printed. If you expect to delay submitting your application to USCIS, be sure to confirm that the form you have printed is still being accepted by USCIS prior to filing and that the filing fee amount is still correct. You can check the validity of your form and filing fee amount at any time by logging into the Application Support Center and reprinting your form.

You acknowledge that Company is not responsible for denial of your immigration application by USCIS due to your underlying ineligibility for the immigration benefit sought.

You acknowledge that you will print your forms on U.S. letter-sized paper (8.5 inches by 11 inches), as that is the only paper size that USCIS currently accepts for its paper forms.

You acknowledge that Company is not responsible for USCIS not following their own published guidelines as made available to the general public via their website.

You acknowledge that any of the foregoing Limitations on Service will not be cause for a refund for Services.

Access to the Service

Company grants you a limited, revocable, nonexclusive license to access the Website and utilize the Service for your own personal use of the Service, and not to download or modify it, or any portion of it unless the Service specifically provides for as such. You agree that no Materials from the Website may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without Company's written permission. Modification or use of Materials on the Website for any purpose other than those permitted in this Agreement is a violation of Company's copyright, trademark and/or other rights. You shall not attempt to access any other Company's systems, programs or data that are not made available for public use.

Use of the Service beyond the scope of authorized access granted to you by Company immediately terminates said permission or license.

Termination of Service

You agree that Company, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Website immediately and without notice, for any reason, including, without limitation, if Company believes that you have acted inconsistently with the letter or spirit of the Terms. Further, you agree that Company shall not be liable to you or any third party for any termination of your access to the Website. Further, you agree not to attempt to use the Website after said termination.

Disclaimer of Warranties

The Company's Website provides a service designed to allow you to complete and file various governmental forms and applications. The Website uses the information provided on our wizard form to complete the information on the required governmental form(s). Company shall retain your completed and finalized forms for a period of three (3) years. The Company is not a law firm and neither Company nor any of its employees provide legal services or legal advice. Further, no representations or warranties, express or implied, are given regarding the legal or other consequences resulting from the use of our services or forms.

The information contained in this site is provided for general information only and should not serve as a substitute for legal advice from an attorney familiar with the facts and circumstances of your specific situation. Company's liability is limited only to amounts paid to Company. If you are not satisfied with our service please contact our customer service department at cs@immigrationdirect.com.

WITHOUT LIMITING THE GENERALTIY OF THE FOREGOING, YOU AGREE THAT USE OF THE WEBSITE AND THE SERVICE IS ENTIRELY AT YOUR OWN RISK. CORPORTION ASSUMES NO RESPONSIBILITY FOR ERRORS OR OMISSIONS IN THE WEBSITE'S MATERIALS. THE WEBSITE AND THE SERVICE ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. COMPANY DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE'S MATERIALS. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE WEBSITE AND THE SERVICE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE, OR ACCESSED THROUGH ANY LINKS ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, COMPANY DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE WEBSITE OR THE SERVICE. COMPANY MAKES NO COMMITMENT TO UPDATE THE INFORMATION CONTAINED IN THE WEBSITE.

Limitations of Liability

UNDER NO CIRCUMSTANCES SHALL COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE WEBSITE OR THE SERVICE, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE WEBSITE OR THE SERVICE, FROM INABILITY TO USE THE WEBSITE OR THE SERVICE, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE WEBSITE OR THE SERVICE. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE WEBSITE OR THE SERVICE OR ANY LINKS ON THE WEBSITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

Indemnity

You agree to indemnify and hold Company, its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, attorneys, suppliers and employees, harmless from any claim or demand, including reasonable attorneys' fees and court costs, made by any third party due to or arising out of your use of the Service and/or the Website, your violation of the Terms, or your breach of any of the representations and warranties herein.

User Acknowledgements

Company is not a law firm, the employees of Company are not acting as your attorney, and Company is not a substitute for the advice of an attorney. Company cannot provide legal advice and can only provide self-help services at your specific direction. Company does not perform the legal services that an attorney performs.

By using the Website to assist your self-representation, you agree to the following: I am representing myself in this legal matter; No attorney-client privilege is created with Company; I have been informed of the services that Company is performing, and the cost of these services; and No governmental entity or authority has evaluated or approved Company's knowledge or experience, or the quality of Company's services.

You acknowledge that you may obtain information regarding free or low-cost legal representation through a local bar association or legal aid foundation. Company is not permitted to engage in the practice of law including providing any kind of advice, explanation, opinion, or recommendation to a consumer about possible legal rights, remedies, defenses, options, selection of forms or strategies.

The Terms and the relationship between you and Company shall be governed by the laws of the State of California without regard to any conflicts of laws principles. Further, you agree that all actions or proceedings arising in connection with your use of the Website and there Terms Agreement shall be tried and litigated exclusively in the State and Federal courts located in the County of San Francisco, State of California. The aforementioned choice of venue is intended to be mandatory and not permissive in nature, thereby precluding the possibility of litigation between you and the Company with respect to or arising out of this Agreement in any jurisdiction other than that specified in this paragraph. You hereby waive any right it may have to assert the doctrine of forum non conveniens or similar doctrine or to object to venue with respect to any proceeding brought in accordance with this paragraph, and stipulate that the State and Federal courts located in the County of San Francisco, State of California shall have in personam jurisdiction and venue over you for the purpose of litigating any dispute, controversy, or proceeding arising out of or related to your use of the Website or these Terms. You hereby authorize and accept service of process sufficient for personal jurisdiction in any action against you as contemplated by this paragraph by registered or certified mail, return receipt requested, postage prepaid. Any final judgment rendered against a party in any action or proceeding shall be conclusive as to the subject of such final judgment and may be enforced in other jurisdictions in any manner provided by law.

In addition, in the event of a breach of these Terms by you, the Company will, in addition to all other remedies available to it, be entitled to equitable relief by way of a temporary restraining order, or preliminary or permanent injunction and any other legal or equitable remedies. This provision will not be construed as a waiver of the rights which the Company may have for damages under these Terms or otherwise, and all of the Company's rights and remedies will be unrestricted.

In order to contact Company regarding a complaint about the Service, please email Company at cs@immigrationdirect.com.

Technical Support Issues

If you encounter a technical problem when attempting to print or otherwise access your completed application, or some other problem you may encounter in attempting to utilize our Service, Company's customer service representatives may be able to assist you with your problem.

If you contact Company's customer service representatives and request that your completed application be sent to you, you acknowledge and agree that you are specifically authorizing them to log in to your account to generate your application and then view your application data to ensure that it was generated properly. You further acknowledge and agree that Company is not liable in the event that your application data is somehow misappropriated.

If you contact Company's customer service representatives and request that a customer service representative remotely control your computer in order to try to resolve your technical problem, you acknowledge and accept that Company is not liable for any technical problems that may persist or arise with your computer after doing so.

General information

The Terms constitute the entire agreement between you and Company and govern your use of the Website and the Service, superseding any prior agreements between you and Company. The failure of Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. The Terms do not limit any rights that Company may have under trade secret, copyright, patent or other laws. The employees of Company are not authorized to make modifications to the Terms, or to make any additional representations, commitments, or warranties binding on Company, except in a writing signed by an authorized officer of Company. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the use of the Website, the Service or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred. You also agree that the Terms shall not be construed against the drafting party, i.e., Company.

Last Updated: November 11, 2009